Property Law - Rochefoucauld and Pallant Flashcards Preview

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Flashcards in Property Law - Rochefoucauld and Pallant Deck (93):
1

What might apply in a case like Smith v Matthews where A declares himself T?

Proprietary estoppel

2

Two advantages of seeing R v B as a CT?

Allows direct reliance on s.53(1)(2) LPA and no one could have acted as S anyway in R v B for ET

3

What is the Disapplication thesis?

Court disapplies statute formalities if there is fraud - merely a rule of proof

4

What is required to rely on Rochefoucauld v Boustead?

T knew property conveyed to him as a T, and T denies trust anyway and claims the land

5

Lincoln v Wright

Equity of redemption to beneficiary of entire estate

6

Gardner v Rowe

Trust from moment of declaration

7

With what other CT does Youdan draw comparison to determine that need knowledge of trust existence before T receives land for Rochefoucauld to apply?

Fully secret trusts

8

London & Regional v TBI judgment

No claim under Pallant if agreed not to be bound until formal context

9

Option to purchase

Holiday Inns v Broadhead

10

Youdan on requirements for Rochefoucauld

Need to receive property and perhaps also know of trust existence before receipt

11

Five features of Pallant

Agreement precedes acquisition, not necessarily contractually enforceable, understood to get interest if B succeeds, A suffers detriment OR B acquires advantage in relation to acquisition AND inequitable

12

What case shows the subject matter division under Pallant if there is no agreement between the parties?

Holiday Inns v Broadhead

13

S.2 LP(MP)A 1989

Contract sale/disposition of interest in land, signed by both parties

14

Bannister v Bannister judgment

Beneficial interest and CT - no need to state trust, just shown in substance from terms

15

What would R v B be an example of if it were considered an ET, and dutch company the S?

A tripartite case, allowing C to enforce the agreement

16

Who showed no one could have been the S anyway In R v B?

Liew

17

Elderly woman rent free

Bannister v Bannister

18

Bannister v Bannister general

Elderly woman rent free

19

Pallant v Morgan general

Auction

20

Banner Homes on agreement Pallant

Shares in JV company, NOT land

21

Hodgson v Marks judgment

RT

22

Wife husband raise mortgage

Re Duke of Marlborough

23

Why does Lieu find the Disapplication thesis unworkable?

Treats fraud as a prerequisite to the trust, but R v B suggests trust is a prerequisite

24

Hodgson v Marks general

Lodger

25

What was imposed in Birch v Blagrave and Childers v Childers, if not R v B?

RT

26

How should the formality rules be perceived, in regard to their aims?

A means to an end - they are a way to achieve their aims, not the end of the discussion

27

De Bruyne v De Bruyne general

As to AM, children but wife

28

What thesis argues R v B is an express trust?

Disapplication thesis

29

What academic is against three party R v B cases?

Feltham

30

What two cases show R v B does not apply if B does not promise to hold on trust?

Birch v Blagrave and Childers v Childers

31

What two cases show CT operating to give B more than they had at the outset?

Lincoln v Wright; Rochefoucauld

32

Requirements for proprietary estoppel

B detrimentally relied on A's promise

33

Mirror agreement in Pallant

Time Products v Combined English Stores

34

what are the four aims of formality requirements?

Channelling, cautionary, evidentiary and protective

35

Three reasons why CT should be preferred to RT, if possible

CT reflects the full facts, no resalire (just enforcing whatever B promised) and can't explain getting more than at the outset under RT

36

Rochefoucauld v Boustead general

Mortgage, Auction, sold

37

Who gives four aims of formality requirements?

Feltham

38

Why could the Dutch company not declare trust in R v B?

No order of foreclosure - just trustees - and countess still had EoR

39

What RT case is argued to be CT?

Hodgson v Marks

40

Who argued R v B is based on an intention to dispose of the property + reliance?

Chambers

41

S.53(1)(b) LPA 1925

Declaration of trust and land to be manifested and proved in signed writing by someone able to declare such a trust

42

Lodger

Hodgson v Marks

43

no need to state trust, just shown in substance from terms

Bannister v Bannister

44

What is the maxim applied in Rochefoucauld v Boustead?

Statute cannot be used as an instrument of fraud

45

Why would Holiday inns not be an application of Pallant?

Detriment AFTER acquisition

46

Childers v Childers judgment

Land for A under RT, NOT R v B

47

In what two cases does R v B not apply?

If A declares himself T, and if B does not promise to hold on trust

48

As to AM, children but wife

De Bruyne v De Bruyne

49

Birch v Blagrave judgment

Per Lord Hadwick, lack of intention to part so RT

50

How can we explain Hodgson v Marks categorisation as an RT?

Purely counsel choice to limit proceedings, because it was all the old lady wanted

51

Forster v Hale

Signed writing can be in linked documents

52

Who came up with the disapplication thesis, and who named it?

Swadling, named by Liew

53

If there is no compliance with S.53(1)(b) LPA 1925, what is the effect of the attempted trust?

Valid, just can't be enforced

54

Writing to specify B's, property and nature of trust

Smith v Matthews

55

Holiday Inns v Broached general

Option to purchase

56

Time Products v Combined English Stores general

Mirror

57

What is the formal context behind Pallant v Morgan?

Usually need s.2 LP(MP)A 1989

58

Re Duke of Marlborough general

Wife husband raise mortgage

59

Smith v Matthews

Writing to specify B's, property and nature of trust

60

Smith v Matthews on R v B applying

No application if A declares himself trustee

61

Rochefoucauld v Boustead judgment

No prevention of 'proof of fraud' under s.53(1)(b) LPA

62

Auction

Pallant v Morgan

63

What was the interest given in Pallant v Morgan?

Joint tenancy over plot 16

64

De Bruyne v De Bruyne judgment

CT held for children

65

Why could Boustead not declare the trust in R v B?

Immediately remortgaged

66

What academic is in favour of three party R v B cases?

Youdan

67

Banner Homes v Luff Developments general

Exclude

68

Example of a possible three-party R v B case

De Bruyne v De Bruyne

69

What case saw Holiday Inns v Broadhead as a CT case?

Cobbe v Yeomans Row

70

If agreed to wait for formal context, no claim under Pallant

London & Regional v TBI

71

What judge in what case gave five features of Pallant?

LJ Chadwick in Banner Homes v Luff

72

Cobbe v Yeomans Row

CT Holiday Inns

73

No application of R v B if A declares himself trustee

Smith v Matthews

74

LJ Chadwick in Banner Homes v Luff

Five features of Pallant

75

Soar v Ashwell

Categorising trusts as express to avoid limitation periods

76

Birch v Blagrave general

Sheriff of London

77

Childers v Childers general

Bailiff

78

London & Regional v TBI general

Formal context

79

Why does R v B not apply if A declares himself T?

No fraud and B merely a volunteer

80

Predecessor to LPA 1925

Statute of Fraud 1677

81

Banner Homes v Luff Developments judgment

Joint tenancy because reduced competition

82

Why could the Countess not declare the trust in R v B?

EoR only

83

Trust from moment of declaration

Gardner v Rowe

84

Signed writing can be in linked documents

Forster v Hale

85

Youdan on people able to declare a trust of land

Can also be the trustee, after receiving the property

86

Why is it posited s.53(1)(b) LPA 1925 is more lenient than (a)?

Possibility of overreaching protects third parties

87

Pallant v Morgan judgment

Advantage by paying less, induced not to bid, so CT

88

Re Duke of Marlborough judgment

Trust held for wife - CT

89

What cases show the subject matter division under Pallant if there is agreement between the parties?

Banner Homes and Times Products v Combined English Stores

90

What are Bannister, Hodgson and Re Duke of Marlborough all examples of?

A transferring property to B, and B holding for A

91

How can we explain the categorisation of R v B as an express trust?

Within Soar v Ashwell meaning - to avoid limitation periods

92

What did the judges say of the nature of the trust in Holiday Inns?

PE

93

Rochefoucauld v Boustead on outcome

A got more - equity of redemption to beneficiary of entire estate

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